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WAILUKU -- For his fifth DUI conviction in 10 years, a man was sentenced Thursday to a one-year jail term.
Barry Peschon, 55, was ordered not to drive while he is on probation for five years.
"The community needs to be protected from Mr. Peschon's criminal activity," 2nd Circuit Judge Peter Cahill said in ordering consecutive sentencing totaling 60 days for Peschon's convictions for driving while his license was suspended or revoked for DUI and inattention to driving.
Peschon had pleaded no contest to those charges, as well as the felony charge of habitually operating a vehicle under the influence of an intoxicant. That conviction led to the one-year jail term that he will serve at the same time.
Peschon was convicted of his fourth DUI and was sentenced to 30 days in jail on Dec. 7, said Deputy Prosecutor Johann Smith. He said three months later, on March 9, Peschon was arrested again for DUI, resulting in the habitual DUI charge.
Peschon was drinking alcohol in a car and backed up into a tourists' rental car, then tried to get into a fight with the other driver, who is a retired police officer, Smith said. He said that after telling Peschon he didn't want any trouble, the other driver called police.
When Peschon was arrested for DUI, "witnesses say he stumbled out of the car," Smith said.
He said Peschon also has DUI convictions in June 2015, November 2012 and November 1999 in the state.
The prosecution asked for the jail term "because he hasn't learned his lesson," Smith said.
"He's had many chances, and he continues to put everybody's life at risk when he goes out there and drinks and drives," Smith said.
Peschon asked to be released Thursday after spending the past five months in jail.
At the time of his latest DUI arrest, Peschon was homeless and living out of his vehicle, said Deputy Public Defender Jeffrey Wolfenbarger. He said the collision with the other vehicle was a "fender bender" in a parking lot.
While in jail, Peschon has attended Alcoholics Anonymous meetings, Wolfenbarger said.
"He wants to get help for this," he said.
Peschon said he was recently homeless and could return to work as a painter when he is released from jail.
"I could take the bus to jobs," he said. "I could ride with the guys. I admit I do have a drinking problem."
Judge Cahill called Peschon's criminal history "remarkable."
"I understand at the time he was homeless, so he was technically drinking in his home, which is normally not a crime," Cahill said. "The problem is you decided to move your home while you were drinking, and that is a crime.
"It's not a crime to be an alcoholic, but it is a crime to operate a motor vehicle while you're intoxicated," Cahill said. "You caused these people a lot of grief."
Cahill said Peschon could more easily avoid driving if he lived somewhere with more public transportation.
"The average New Yorker has never owned a car in their life," Cahill said. "The idea that you have to drive is because you choose to live here."
Cahill noted that Peschon doesn't have a driver's license and has been convicted of driving without a license in the past.
As part of his probation, Peschon was ordered not to consume alcohol or illegal drugs.
"Now if you even sip a drink of alcohol, it's going to come back as a probation violation," Cahill said.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.